BALI RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Bali Ram (petitioner) has challenged orders dated 12/11/1982 and 20/07/1983 (Annexures 5 and 6 to the writ petition) passed by the Sub-Divisional Officer, Najibabad, District Bijnor and the Additional Commissioner (Administration), Moradabad, Division Moradabad (respondent Nos. 2 and 3) respectively. Consequently, the objection of the petitioner for releasing certain property attached vide order dated 6-2-82 passed by Sub-Divisional Officer, Najibabad has been rejected.

(2.) Briefly stated, one Amrit Singh filed suit No. 187/76 in the Court of Civil Judge, Bijnor against Kadir Hussain for recovery of certain amount due under a promissory note. This suit was decreed on 9/03/1977. In execution case No. 35/81, executing Court got attached 1/3rd share of plot No. 109 (total Area-5 Bigha 6 Biswas 19 Biswasis) situate in village Daryapur, Tehsil Najibabad, District Bijnor.

(3.) Amin submitted report of attachment dated 16/01/1981 (Annexure 1 to the writ petition). The executing Court, placed the attached property to auction sale. On 16/04/1982, one Bali Ram (the present petitioner) purchased the same. Civil Court confirmed this auction sale on 25/05/1982. Sale certificate was duly issued by the Civil Judge vide sale certificate dated 2/07/1982 (Annexure-2 to the writ petition) was issued.